MATTES v. JOSEPH


282 A.D.2d 507 (2001)

723 N.Y.S.2d 218

CAROL L. MATTES et al., Appellants, v. RACHEL JOSEPH, Defendant, and EDWARD JOSEPH, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 9, 2001.


Ordered that the judgment is affirmed, with costs.

The respondent Edward Joseph, and the plaintiffs' decedent, James Mattes, agreed to remove a fallen tree from the property of the defendant Rachel Joseph. Edward Joseph was Rachel's son and James Mattes was her son-in-law. During the tree removal process James Mattes was killed. The plaintiffs thereafter commenced this action, among other things, to recover damages arising...

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